[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15334-15339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06330]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2580-15; DHS Docket No. USCIS-2014-0009]
RIN 1615-ZB48
Extension of the Designation of Sierra Leone for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
extending the designation of Sierra Leone for Temporary Protected
Status (TPS) for 6 months, from May 22, 2016, through November 21,
2016.
The extension allows currently eligible TPS beneficiaries to retain
TPS through November 21, 2016, so long as they otherwise continue to
meet the eligibility requirements for TPS. The Secretary has determined
that an extension is warranted because, although there have been
significant improvements, conditions in Sierra Leone supporting its
November 2014 designation for TPS continue to be met.
Through this Notice, DHS also sets forth procedures necessary for
eligible nationals of Sierra Leone (or aliens having no nationality who
last habitually resided in Sierra Leone) to re-register for TPS and to
apply for renewal of their Employment Authorization Documents (EADs)
with U.S. Citizenship and Immigration Services (USCIS). Re-registration
is limited to persons who have previously registered for TPS under the
designation of Sierra Leone and whose applications have been granted.
Certain nationals of Sierra Leone (or aliens having no nationality who
last habitually resided in Sierra Leone) who have not previously
applied for TPS may be eligible to apply under the late initial
registration provisions if they meet (1) at least one of the late
initial filing criteria, and (2) all TPS eligibility criteria
(including continuous residence in the United States since November 20,
2014, and continuous physical presence in the United States since
November 21, 2014).
For individuals who have already been granted TPS under Sierra
Leone's designation, the 60-day re-registration period runs from March
22, 2016 through May 23, 2016. USCIS will issue new EADs with a
November 21, 2016, expiration date to eligible Sierra Leone TPS
beneficiaries who timely re-register and apply for EADs under this
extension. Given the timeframes involved with processing TPS re-
registration applications, DHS recognizes that not all re-registrants
will receive new EADs before their current EADs expire on May 21, 2016.
Accordingly, through this Notice, DHS automatically extends the
validity of EADs issued under the TPS designation of Sierra Leone for 6
months, through November 21, 2016, and explains how TPS beneficiaries
and their employers may determine which EADs are automatically extended
and their impact on the Employment Eligibility Verification (Form I-9)
and E-Verify processes.
DATES: The 6-month extension of the TPS designation of Sierra Leone is
effective May 22, 2016, and will remain in effect through November 21,
2016. The 60-day re-registration period runs from March 22, 2016
through May 23, 2016. (Note: It is important for re-registrants to
timely re-register during this 60-day period and not to wait until
their EADs expire.)
FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the
application process and additional information on eligibility, please
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find
specific information about Sierra Leone's TPS extension by selecting
``Sierra Leone'' from the menu on the left side of the TPS Web page.
For questions concerning this FRN, you can also contact
Jerry Rigdon, Chief of the Waivers and Temporary Services Branch,
Service Center Operations Directorate, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 20 Massachusetts Avenue NW.,
Washington, DC 20529-2060; or by phone at (202) 272-1533 (this is not a
toll-free number). Note: The phone number provided here is solely for
questions regarding this TPS Notice. It is not for individual case
status inquires.
Applicants seeking information about the status of their
individual cases can check Case Status Online, available at the USCIS
Web site at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
EVD--Ebola Virus Disease
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
What is temporary protected status (TPS)?
TPS is a temporary immigration status granted to eligible
nationals of a country designated for TPS under the Immigration and
Nationality Act (INA), or to eligible persons without nationality who
last habitually resided in the designated country.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to work and obtain EADs so long as they
[[Page 15335]]
continue to meet the requirements of TPS.
TPS beneficiaries may also be granted travel authorization
as a matter of discretion.
The granting of TPS does not result in or lead to
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility requirements at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2).
When the Secretary terminates a country's TPS designation,
although TPS benefits end, former TPS beneficiaries continue to hold
any lawful immigration status that they maintained or obtained while
holding TPS.
When and why was Sierra Leone designated for TPS?
On November 21, 2014, the Secretary designated Sierra Leone for TPS
for a period of 18 months due to the extraordinary and temporary
conditions caused by an epidemic of Ebola Virus Disease (EVD) in West
Africa that prevented nationals of Sierra Leone from returning to
Sierra Leone in safety. The extraordinary and temporary conditions
included high EVD transmission rates in widespread geographic areas,
overwhelmed health care systems unable to handle the large number of
EVD patients or to provide treatment for normally preventable or
treatable conditions, and containment measures that were causing
significant disruptions to Sierra Leone's economy and individuals'
ability to access food and earn a livelihood. See Designation of Sierra
Leone for Temporary Protected Status, 79 FR 69506 (Nov. 21, 2014).
What authority does the Secretary have to extend the designation of
Sierra Leone for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary, after consultation with appropriate agencies of the U.S.
Government (Government), to designate a foreign state (or part thereof)
for TPS if the Secretary determines that certain country conditions
exist.\1\ The Secretary may then grant TPS to eligible nationals of
that foreign state (or eligible aliens having no nationality who last
habitually resided in the designated country). See INA section
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002, Public Law 107-296,
116 Stat. 2135, any reference to the Attorney General in a provision
of the INA describing functions transferred from the Department of
Justice to DHS ``shall be deemed to refer to the Secretary'' of
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security
Act of 2002, tit. XV, section 1517).
---------------------------------------------------------------------------
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after consultation with
appropriate Government agencies, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
a foreign state continues to meet the conditions for TPS designation,
the designation may be extended for an additional period of 6, 12, or
18 months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If
the Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Why is the Secretary extending the TPS designation for Sierra Leone
through November 21, 2016?
DHS and the Department of State (DOS) have reviewed conditions in
Sierra Leone. Based on the reviews and after consulting with DOS, the
Secretary has determined that a 6-month extension is warranted because,
although there have been significant improvements, conditions in Sierra
Leone supporting its November 2014 designation for TPS persist.
Guinea, Liberia, and Sierra Leone were designated for TPS in the
midst of the largest EVD outbreak in history. From March 2014 through
November 2015, these three countries suffered over 11,000 deaths among
their more than 28,500 cases of EVD. At the height of the outbreak in
late 2014, hundreds of new cases were being reported each week, the
health care systems were overwhelmed, and containment measures were
causing significant disruptions to individuals' ability to access food
and earn a livelihood. A robust response by the international community
and the governments of Guinea, Liberia, and Sierra Leone has now
brought EVD transmission in West Africa substantially under control.
In Sierra Leone, the EVD epidemic started in May 2014 and peaked
between October and December 2014. Sierra Leone's government and
international partners mounted an effective response that dramatically
decreased the number of new EVD cases from a high of 500 per week in
late 2014 to between 8 to 12 cases in June 2015, to single digits in
August 2015. The World Health Organization declared Sierra Leone free
of EVD transmission as of November 7, 2015; however, two new cases were
subsequently reported in January 2016. Since that time, no additional
cases have been reported. If no further cases are detected, the World
Health Organization will again declare Sierra Leone free of EVD
transmission on March 17, 2016.
Despite the absence of current widespread EVD transmission, Guinea,
Liberia, and Sierra Leone still face containment and recovery
challenges, and the risk of flare-ups of EVD remains, as demonstrated
by the two cases reported in Sierra Leone in January 2016 after the
country had previously been declared free of EVD transmission. All
three countries continue to experience consequences of the epidemic,
including the ongoing medical issues and mental trauma experienced by
EVD survivors; challenges in rebuilding fragile healthcare systems; and
lingering food insecurity due to the epidemic's impact on economic
activity, productivity, and livelihoods. The World Health Organization
continues to consider the EVD outbreak a Public Health Emergency of
International Concern.
Although the countries continue to struggle with the effects of the
epidemic, in light of the absence of widespread transmission of EVD,
the U.S. Department of Health and Human Services, Centers for Disease
Control and Prevention has removed warnings for travel to Guinea,
Liberia, and Sierra Leone. Accordingly, the restrictions placed on
grants of advance parole for travel to Guinea, Liberia, and Sierra
Leone in conjunction with these countries' designations for TPS in
November 2014 are removed. Beneficiaries of TPS Sierra Leone who wish
to travel abroad must still comply with the requirements for obtaining
advance parole stated in the Instructions to Form I-131, Application
for Travel Document. They should also be aware that travel abroad may
cause a break in their continuous residence and continuous physical
presence in the United States, making them ineligible for TPS, unless
the absence from the United States is considered by USCIS to be
``brief, casual and innocent'' under 8 CFR 244.1.
Based upon this review and after consultation with appropriate
Government agencies, the Secretary has determined that:
Conditions supporting the November 2014 designation of
Sierra Leone for TPS continue to be met. See INA section 244(b)(3)(A)
and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).
[[Page 15336]]
There continue to be extraordinary and temporary
conditions in Sierra Leone that prevent nationals of Sierra Leone (or
aliens having no nationality who last habitually resided in Sierra
Leone) from returning to Sierra Leone in safety. See INA section
244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
It is not contrary to the national interest of the United
States to permit nationals of Sierra Leone (or aliens having no
nationality who last habitually resided in Sierra Leone) who meet the
eligibility requirements of TPS to remain in the United States
temporarily. See INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).
The designation of Sierra Leone for TPS should be extended
for a 6-month period from May 22, 2016, through November 21, 2016. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Requests for advance travel authorization (``advance
parole'') for travel to Guinea, Liberia, or Sierra Leone no longer
require demonstration of extraordinary circumstances in order to be
approvable.
There are approximately 1,145 current Sierra Leone TPS
beneficiaries who are expected to file for re-registration under the
extension.
Notice of Extension of the TPS Designation of Sierra Leone
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate Government agencies, that conditions supporting Sierra
Leone's November 2014 designation for TPS continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). On the basis of this
determination, I am extending the existing designation of Sierra Leone
for TPS for 6 months, from May 22, 2016, through November 21, 2016. See
INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).
Jeh Charles Johnson,
Secretary.
Required Application Forms and Application Fees to Register or Re-
Register for TPS
To register or re-register for TPS based on the designation of
Sierra Leone, you must submit each of the following applications:
1. Application for Temporary Protected Status (Form I-821)
If you are filing an application for late initial
registration, you must pay the fee for the Application for Temporary
Protected Status (Form I-821). See 8 CFR 244.2(f)(2) and 244.6 and
information on late initial filing on the USCIS TPS Web page at http://www.uscis.gov/tps.
If you are filing an application for re-registration, you
do not need to pay the fee for the Application for Temporary Protected
Status (Form I-821). See 8 CFR 244.17.
2. Application for Employment Authorization (Form I-765)
If you are applying for late initial registration and want
an EAD, you must pay the fee for the Application for Employment
Authorization (Form I-765) only if you are age 14 through 65. You do
not need to pay this fee if you are under the age of 14 or are 66 or
older.
If you are applying for re-registration, you must pay the
fee for the Application for Employment Authorization (Form I-765),
regardless of your age, if you want an EAD.
You do not pay the fee for the Application for Employment
Authorization (Form I-765) if you are not requesting an EAD, regardless
of whether you are applying for late initial registration or re-
registration.
You must submit both completed application forms together. If you
are unable to pay the application fee and/or biometrics fee, you may
complete a Request for Fee Waiver (Form I-912) or submit a personal
letter requesting a fee waiver with satisfactory supporting
documentation. For more information on the application forms and fees
for TPS, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. Fees for the Application for Temporary Protected Status (Form I-
821), the Application for Employment Authorization (Form I-765), and
biometric services are also described in 8 CFR 103.7(b).
Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants
14 years and older. Those applicants must submit a biometric services
fee. As previously stated, if you are unable to pay for the biometric
services fee, you may complete a Request for Fee Waiver (Form I-912) or
submit a personal letter requesting a fee waiver with satisfactory
supporting documentation. For more information on the biometric
services fee, please visit the USCIS Web site at http://www.uscis.gov.
If necessary, you may be required to visit an Application Support
Center to have your biometrics captured.
Re-filing a Re-registration TPS Application after Receiving a Denial of
a Fee Waiver Request
You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any
EAD promptly. Filing early will also allow you to have time to re-file
your application before the deadline, should USCIS deny your fee waiver
request. If, however, you receive a denial of your fee waiver request
and are unable to re-file by the re-registration deadline, you may
still re-file your application. This situation will be reviewed to
determine whether you established good cause for late re-registration.
However, you are urged to re-file within 45 days of the date on any
USCIS fee waiver denial notice, if possible. See INA section
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(c). For more
information on good cause for late re-registration, visit the USCIS TPS
Web page at http://www.uscis.gov/tps.
Note: Although a re-registering TPS beneficiary age 14 and older
must pay the biometric services fee (but not the initial TPS
application fee) when filing a TPS re-registration application, you may
decide to wait to request an EAD, and therefore not pay the Application
for Employment Authorization (Form I-765) fee until after USCIS has
approved your TPS re-registration, if you are eligible. If you choose
to do this, you would file the Application for Temporary Protected
Status (Form I-821) with the biometrics fee and the Application for
Employment Authorization (Form I-765) without the fee and without
requesting an EAD.
Mailing Information
Mail your application for TPS to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If . . . Mail to . . .
------------------------------------------------------------------------
You are applying through the U.S. Postal USCIS, Attn: TPS Sierra
Service. Leone, P.O. Box 6943,
Chicago, IL 60680-6943.
You are using a non-U.S. Postal Service USCIS, Attn: TPS Sierra
delivery service. Leone, 131 S. Dearborn
Street, 3rd Floor, Chicago,
IL 60603-5517.
------------------------------------------------------------------------
If you were granted TPS by an Immigration Judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD or are re-
registering for the first time following a grant of TPS by an IJ or the
BIA, please mail your application to the appropriate mailing address in
Table 1. After you
[[Page 15337]]
submit your application and receive a USCIS receipt number, please send
an email to the appropriate USCIS Service Center handling your
application, providing the receipt number and stating that you
submitted a re-registration and/or request for an EAD based on an IJ/
BIA grant of TPS. This will aid in the verification of your grant of
TPS and processing of your application, as USCIS may not have received
records of your grant of TPS by either the IJ or the BIA. To get
additional information, including the email address of the appropriate
Service Center, you may go to the USCIS TPS Web page at http://www.uscis.gov/tps.
E-Filing
You cannot electronically file your application when re-registering
or submitting an initial registration for Sierra Leone TPS. Please mail
your application to the mailing address listed in Table 1.
Supporting Documents
The filing instructions on the Application for Temporary Protected
Status (Form I-821) list all the documents needed to establish basic
eligibility for TPS. You must also submit two color passport-style
photographs of yourself. You may also find information on the
acceptable documentation and other requirements for applying or
registering for TPS on the USCIS Web site at www.uscis.gov/tps under
``Sierra Leone.''
Do I need to submit additional supporting documentation?
If one or more of the questions listed in Part 4, Question 2 of the
Application for Temporary Protected Status (Form I-821) applies to you,
then you must submit an explanation on a separate sheet(s) of paper
and/or additional documentation.
Employment Authorization Document (EAD)
How can I obtain information on the status of my EAD request?
To get case status information about your TPS application,
including the status of a request for an EAD, you can check Case Status
Online at http://www.uscis.gov, or call the USCIS National Customer
Service Center at 800-375-5283 (TTY 800-767-1833). If your Application
for Employment Authorization (Form I-765) has been pending for more
than 90 days, and you still need assistance, you may request an EAD
inquiry appointment with USCIS by using the InfoPass system at https://infopass.uscis.gov. However, we strongly encourage you first to check
Case Status Online or call the USCIS National Customer Service Center
for assistance before making an InfoPass appointment.
Am I eligible to receive an automatic 6-month extension of my current
EAD through November 21, 2016?
Provided that you currently have TPS under the designation of
Sierra Leone, this Notice automatically extends your EAD by 6 months if
you:
Are a national of Sierra Leone (or an alien having no
nationality who last habitually resided in Sierra Leone);
Received an EAD under the November 2014 designation of
Sierra Leone for TPS; and
Have an EAD with a marked expiration date of May 21, 2016,
bearing the notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
Although this Notice automatically extends your EAD through
November 21, 2016, you must re-register timely for TPS in accordance
with the procedures described in this Notice if you would like to
maintain your TPS.
When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification (Form I-9)?
You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at http://www.uscis.gov/I-9Central. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of being hired, you must present proof of identity and
employment authorization to your employer.
You may present any document from List A (reflecting both your
identity and employment authorization) or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). An EAD is an acceptable document
under ``List A.'' You may present an acceptable receipt for a List A,
List B, or List C document as described in the Employment Eligibility
Verification (Form I-9) Instructions. An acceptable receipt is one that
shows an employee has applied to replace a document that was lost,
stolen or damaged. If you present an acceptable receipt, you must
present your employer with the actual document within 90 days.
Employers may not reject a document based on a future expiration date.
If your EAD has an expiration date of May 21, 2016, and states ``A-
12'' or ``C-19'' under ``Category,'' it has been extended automatically
for 6 months by virtue of this Federal Register Notice, and you may
choose to present your EAD to your employer as proof of identity and
employment authorization for Employment Eligibility Verification (Form
I-9) through November 21, 2016 (see the subsection titled ``How do my
employer and I complete the Employment Eligibility Verification (Form
I-9) using an automatically extended EAD for a new job?'' for further
information). To minimize confusion over this extension at the time of
hire, you should explain to your employer that USCIS has automatically
extended your EAD through November 21, 2016, based on your Temporary
Protected Status. You are also strongly encouraged, although not
required, to show your employer a copy of this Federal Register Notice
confirming the automatic extension of employment authorization through
November 21, 2016. As an alternative to presenting your automatically
extended EAD, you may choose to present any other acceptable document
from List A, or a combination of one selection from List B and one
selection from List C.
What documentation may I show my employer if I am already employed but
my current TPS-related EAD is set to expire?
Even though EADs with an expiration date of May 21, 2016, that
state ``A-12'' or ``C-19'' under ``Category'' have been automatically
extended for 6 months by this Federal Register Notice, your employer
will need to ask you about your continued employment authorization once
May 21, 2016, is reached to meet its responsibilities for Employment
Eligibility Verification (Form I-9). Your employer does not need to
complete a new Employment Eligibility Verification (Form I-9) to
reverify your employment authorization until November 21, 2016, the
expiration date of the automatic extension, but may need to reinspect
your automatically extended EAD to check the expiration date and code
to record the updated expiration date on your Employment Eligibility
Verification (Form I-9) if your employer did not keep a copy of this
EAD at the time you initially presented it. You and your employer must
make corrections to the employment authorization expiration dates in
Section 1 and Section 2 of Employment Eligibility Verification (Form I-
9) (see the subsection titled
[[Page 15338]]
``What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?'' for further information). You are also strongly encouraged,
although not required, to show this Federal Register Notice to your
employer to explain what to do for Employment Eligibility Verification
(Form I-9).
By November 21, 2016, the expiration date of the automatic
extension, your employer must reverify your employment authorization.
At that time, you must present any unexpired document from List A or
any unexpired document from List C on Employment Eligibility
Verification (Form I-9) to reverify employment authorization, or an
acceptable List A or List C receipt described in the Employment
Eligibility Verification (Form I-9) instructions. Your employer is
required to reverify on Employment Eligibility Verification (Form I-9)
the employment authorization of current employees upon the
automatically extended expiration date of a TPS-related EAD, which is
November 21, 2016, in this case. Your employer should use either
Section 3 of the Employment Eligibility Verification (Form I-9)
originally completed for the employee or, if this section has already
been completed or if the version of Employment Eligibility Verification
(Form I-9) is no longer valid, complete Section 3 of a new Employment
Eligibility Verification (Form I-9) using the most current version.
Note that your employer may not specify which List A or List C document
employees must present, and cannot reject an acceptable receipt. An
acceptable receipt is one that shows an employee has applied to replace
a document that was lost, stolen or damaged.
Can my employer require that I produce any other documentation to prove
my current TPS status, such as proof of my Sierra Leonean citizenship
or proof that I have re-registered for TPS?
No. When completing Employment Eligibility Verification (Form I-9),
including reverifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) that reasonably
appears to be genuine and that relates to you or an acceptable List A,
List B, or List C receipt. Employers may not request documentation that
does not appear on the ``Lists of Acceptable Documents.'' Therefore,
employers may not request proof of Sierra Leonean citizenship or proof
of re-registration for TPS when completing Employment Eligibility
Verification (Form I-9) for new hires or reverifying the employment
authorization of current employees. Refer to the ``Note to Employees''
section of this Notice for important information about your rights if
your employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or immigration status, or your national origin. Note that
although you are not required to provide your employer with a copy of
this Federal Register Notice, you are strongly encouraged to do so to
help avoid confusion.
What happens after November 21, 2016, for purposes of employment
authorization?
After November 21, 2016, employers may no longer accept the EADs
that this Federal Register Notice automatically extended. New EADs
requested and issued under this TPS extension will also expire on
November 21, 2016, unless automatically extended by a subsequent
Federal Register Notice.
How do my employer and I complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?
When using an automatically extended EAD to complete Employment
Eligibility Verification (Form I-9) for a new job before November 21,
2016, you and your employer should do the following:
1. For Section 1, you should:
a. Check ``An alien authorized to work;''
b. Write the automatically extended EAD expiration date (November
21, 2016) in the first space; and
c. Write your alien number (USCIS number or A-number) in the second
space (your EAD or other document from DHS will have your USCIS number
or A-number printed on it; the USCIS number is the same as your A-
number without the A prefix).
2. For Section 2, employers should record the:
a. Document title;
b. Issuing authority;
c. Document number; and
d. Automatically extended EAD expiration date (November 21, 2016).
By November 21, 2016, employers must reverify the employee's
employment authorization in Section 3 of the Employment Eligibility
Verification (Form I-9).
What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?
If you are an existing employee who presented a TPS-related EAD
that was valid when you first started your job but that EAD has now
been automatically extended, your employer may reinspect your
automatically extended EAD if the employer does not have a photocopy of
the EAD on file, and you and your employer should correct your
previously completed Employment Eligibility Verification (Form I-9) as
follows:
1. For Section 1, you should:
a. Draw a line through the expiration date in the first space;
b. Write ``November 21, 2016'' above the previous date;
c. Write ``TPS Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
2. For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``November 21, 2016'' above the previous date;
c. Write ``EAD Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
By November 21, 2016, when the automatic extension of EADs expires,
employers must reverify the employee's employment authorization in
Section 3.
If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiration'' alert for an automatically
extended EAD?
If you are an employer who participates in E-Verify and you have an
employee who is a TPS beneficiary who provided a TPS-related EAD when
he or she first started working for you, you will receive a ``Work
Authorization Documents Expiring'' case alert when this EAD is about to
expire. Usually, this message is an alert to complete Section 3 of the
Employment Eligibility Verification (Form I-9) to reverify an
employee's employment authorization. For existing employees with TPS-
related EADs that have been automatically extended, employers should
dismiss this alert by clicking the red ``X'' in the ``dismiss alert''
column and follow the instructions above explaining how to correct the
Employment Eligibility Verification (Form I-9). By November 21, 2016,
employment authorization must be reverified in Section 3. Employers
should never use E-Verify for reverification.
[[Page 15339]]
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For general questions about the employment eligibility
verification process, employers may call USCIS at 888-464-4218 (TTY
877-875-6028) or email [email protected]. Calls and emails are
accepted in English and many other languages. For questions about
avoiding discrimination during the employment eligibility verification
process, employers may also call the U.S. Department of Justice, Office
of Special Counsel for Immigration-Related Unfair Employment Practices
(OSC) Employer Hotline, at 800-255-8155 (TTY 800-237-2515), which
offers language interpretation in numerous languages, or email OSC at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, you may call USCIS at 888-897-7781 (TTY 877-875-6028) or email
[email protected]. Calls are accepted in English and many other
languages. You may also call the OSC Worker Information Hotline at 800-
255-7688 (TTY 800-237-2515) for information regarding employment
discrimination based upon citizenship status, immigration status, or
national origin, or for information regarding discrimination related to
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC
Worker Information Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt described
in the Employment Eligibility Verification (Form I-9) Instructions.
Employers may not require extra or additional documentation beyond what
is required for Employment Eligibility Verification (Form I-9)
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Employment Eligibility
Verification (Form I-9) differs from Federal or state government
records.
Employers may not terminate, suspend, delay training, withhold pay,
lower pay, or take any adverse action against you based on your
decision to contest a TNC or because the case is still pending with E-
Verify. A Final Nonconfirmation (FNC) case result is received when E-
Verify cannot verify your employment eligibility. An employer may
terminate employment based on a case result of FNC. Work-authorized
employees who receive an FNC may call USCIS for assistance at 888-897-
7781 (TTY 877-875-6028). If you believe you were discriminated against
by an employer in the E-Verify process based on citizenship or
immigration status or based on national origin, you may contact OSC's
Worker Information Hotline at 800-255-7688 (TTY 800-237-2515).
Additional information about proper nondiscriminatory Employment
Eligibility Verification (Form I-9) and E-Verify procedures is
available on the OSC Web site at http://www.justice.gov/crt/about/osc/
and the USCIS Web site at http://www.dhs.gov/E-verify.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
While Federal Government agencies must follow the guidelines laid
out by the Federal Government, State and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each State may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, State, or local government benefit, you may need to provide
the government agency with documents that show you are a TPS
beneficiary and/or show you are authorized to work based on TPS.
Examples are:
(1) Your unexpired EAD;
(2) A copy of this Federal Register Notice if your EAD is
automatically extended under this Notice;
(3) A copy of your Application for Temporary Protected Status
Notice of Action (Form I-797) for this re-registration;
(4) A copy of your past or current Application for Temporary
Protected Status Approval Notice (Form I-797), if you received one from
USCIS; and/or
(5) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS TPS Web site that provides
information on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
Federal Register Notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such an agency
has denied your application based solely or in part on a SAVE response,
the agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has received and
acted upon or will act upon a SAVE verification and you do not believe
the response is correct, you may make an InfoPass appointment for an
in-person interview at a local USCIS office. Detailed information on
how to make corrections, make an appointment, or submit a written
request to correct records under the Freedom of Information Act can be
found at the SAVE Web site at http://www.uscis.gov/save, then by
choosing ``How to Correct Your Records'' from the menu on the right.
[FR Doc. 2016-06330 Filed 3-21-16; 8:45 am]
BILLING CODE 9111-97-P